BIRMINGHAM, Ala. (AP) — An Alabama judge has dismissed capital murder charges against two men accused of committing a 2017 fatal shooting.

Al.com reports Joemarcus Fitts and Frederick Temple, both 28, were accused of shooting just after midnight Sept. 5, 2017, into a vehicle that left 35-year-old Howard Bruce dead. Following the shooting, the truck was hit by a Norfolk Southern train. Bruce’s body was found in the truck’s driver’s seat.

U.S. Marshals arrested Fitts in April; Temple was arrested by Birmingham Police in May.

Jefferson County Circuit Judge Clyde Jones dismissed the charges against the men on Friday.

Fitts’ attorney Amber Ladner says there was evidence her client was not the shooter and should never have been arrested.

Deputy District Attorney Shawn Allen says the investigation into Bruce’s death will continue.